The Study Of Open Style Prisons And Other Places Of Custody In China

Standardization of state power and protect civil rights is the eternal theme of legal research. In order to reduce crime and protect human rights, the police in most of the countries have been given the power to deprive or limit citizens' personal freedom and supervise the person in custody. It's a specific matter to exercise this power, and it should be excised in a rational way and subjected to appropriate external supervision. Closure is the chronic problem of prisons and detention houses. Lacking of external oversight of the national regulatory authority would infringe upon the legitimate rights of the people in custody. Open style prisons and other places of custody is such a system that closely linked with the criminal proceedings but independent from it in the meantime. The system is committed to make prison and other places of custody transparent and provide a new remedy for the person in custody. This thesis analyzes the condition of prisons and other places of custody in China, reviews the theories and practices of open jail abroad, and then comes out with the author's own viewpoints on construction of Open style prisons and other places of custody.This thesis is composed of the introduction, the text and the conclusion. The text includes four parts.Part one is about summarization of Open style prisons and other places of custody. By defining"prisons and other places of custody", the thesis points out the origin and range of it. By defining Open style prisons and other places of custody, the thesis points out the subjects of opening, and specifies that Open style prisons and other places of custody is a new system in our country. Construction of this system needs our own effort and to draw on international rules and the extra-territorial approach.Part two is about necessity of constructing Open style prisons and other places of custody. including four parts: performing the obligation to disclose government affair information, and protecting the citizen's right to know; Ensuring judicial justice by transparent judiciary, and protecting human rights of the person in custody; putting prisons and other places of custody in order, and promoting the process of its legalization; limiting and supervising the power of the government by ensuring the rights of citizens, and expanding social supervision on prisons and other places of custody.Part three is about the analysis of the contemporary condition of prisons and other places of custody in China. This part includes the achievements and problems. The achievements include two aspects: on one hand, relevant documents are increasing, on the other, experiences of openness of prisons and other places of custody are increasing. The problems involve two aspects: the range and depth of openness are not enough; the openness is at random.Part four is about the construction of Open style prisons and other places of custody. To start with describing the principle of openness: popular sovereignty; according to law; appropriate degree; step by step. Secondly, the subjects of opening are prisons and detention houses. And then describes the scope of openness: including the scope that should be open and not open. Openness is a general principle to which there may be several exceptions. Finally, the author discusses the specific systems of opening: a body of inspectors; media interviewing; relatives visiting; public viewing.